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Pregency rights California

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  • Pregency rights California

    I have a friend that was pregnant and the Dr wrote her off work for 3 days due to complications, during that 3 days she lost her babies and had to wait a week before they did the operation to remove the babies and repair other complications. Her job is trying to fire her if she can not provide that she is able to complete their job description by the 28. On the 30th it will be 1 month since she last worked She has a Dr appt on the 3rd to follow up and get see if she can get released to work. Is this possible? Can her job fire for this? She has been with them for about 8 months?

  • #2
    How many employees does this compnay have?


    • #3
      If she has only been there 8 months then FMLA and the state equivalent do not cover her. Why is she out now? Medical complications? Upset over her loss? Has she provided documentation to her employer from the doctor that explains why she is out and how much time she needs off? Typically a D & C is not something that requires a great deal of time off medically.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        She may qualify under the following though she doesn't qualify under FMLA or Ca FMLA.

        Pregnancy Disability Leave-(under Fair Employment & Housing Act)
        An employer must provide up to four months disability leave for a woman who is disabled due to pregnancy, childbirth, or a related medical condition. (subject to med. cert.) However, if an employer provides more than four months of leave for other types of temporary disabilities, the same leave must be made available to women who are disabled due to pregnancy, childbirth, or a related medical condition.
        Eligibility for pregnancy leave
        A woman who works for a covered employer is eligible for pregnancy disability leave regardless of the length of time she has worked for the employer. Further, an employee does not have to work full-time in order to be eligible.
        (This is unpd. job protected leave.) Applies to employers with 5 or more employees.
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